Voters Should Know If Injured Senator Able To Serve

EDITORIAL

Sen. Andrew Maynard, State Senate

Sen. Andrew M. Maynard is in a rehabilitation hospital, recovering from a fall at his Stonington home. The Courant, his constituents and his colleagues in the General Assembly wish him the best as he recuperates.

Yet his fall, occurring in the middle of election season, raises a delicate question for residents of the 18th District that he represents. Is he able to serve if re-elected? The deputy majority leader represents eight towns in southeastern Connecticut.

Few details have been released about the specifics of his head injury or his prognosis. His family does say, in statements distributed through the Senate Democrats' press office, that he is making a "slow, yet positive, recovery," that he "is awake and is responsive to family and friends," and that "his recovery will take time." Their wish for privacy is understandable, but it's also understandable that constituents may wonder just how much time and whether he's expected to make a full recovery.

State statutes are silent on what to do if a legislator is incapacitated. The laws do say, however, that were Mr. Maynard to withdraw from the race by the 24th day before the election (Oct. 11 this year), state Democrats would have until the 21st day before the election (Oct. 14) to select a replacement. If he were to stay in the race and be re-elected but then resign, a special election for his seat would be held.

The state Constitution requires legislative members to take an oath before entering office. They don't have to take it on opening day of the legislature, however, if they're ill.

Voters, while wishing Mr. Maynard a speedy recovery, shouldn't be faulted for wanting to know enough about his condition to make an informed decision in November, even if it's a vote of faith in his eventual capacity to fully represent them.